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(영문) 전주지방법원 2013.09.25 2013고단1768
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On January 6, 2013, the Defendant violated the Road Traffic Act (refluence of measurement) around 21:43, 2013, the Defendant was demanded to comply with the measurement of alcohol by inserting about 30 minutes in a manner that makes it difficult for the Defendant to recognize that he/she was driving under the influence of alcohol, such as making a redlight on his/her face from E in the situation of the traffic control department of the complete-sea Police Station prior to the operation of the drinking on the road in front of the Domate-gu Seoul Metropolitan City.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. On January 6, 2013, around 22:05, the Defendant: (a) refused to comply with a police officer’s drinking test at the same place as that set forth in paragraph (1); (b) took a bath for police officers; and (c) took a riot.

The Defendant: (a) sounded the victim F, who is the police boat belonging to the Nando Police Station of the Mando Police Station of the Mando Police Station of the Republic of Korea, the Defendant, at the left side of the Defendant, as “the principle of mutatis mutandis taxation”; and (b) took one time into account the face of the victim’s right side, and inflicted injury on the victim, such as galeing and galeing, in need of two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. Report on circumstantial statements and investigation report of a drinking driver (Refusal, etc. of drinking alcohol measurement);

1. Application of the legislation in its opinion;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure sound), Article 257 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Jan. 1, 201; Supreme Court Decision 201Da1548, Feb. 2

1. Article 62 of the Criminal Act:

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